REPORT OF GENERAL SECRETARY,CPWD Engineers Association- G.B.M. ON 26/09/2013 AT NEW DELHI

GENERAL BODY MEETING ON 26/09/2013 AT NEW DELHI

REPORT OF GENERAL SECRETARY

Dear friends and comrades,

At the outset I, on behalf of the Central Body of the Association, would like to convey hearty thanks to all of you for attending the General Body Meeting in such a large number and making it a success. I also convey my season’s festival greetings to you all and thank you for overwhelming support extended to the Association during the last two years in all the programs in support of our demands and cadre issues.

Our Association has taken up various demands and cadre issues with the administration according to the policy decisions taken by the various Apex Committee meetings (the last one held in April at Gangtok and the latest one being held during the last two days at New Delhi) in which the views of all the participating regions and zones were taken into consideration before taking the final decisions. I will go through the details of all these cadre related issues and the resolutions of Apex meeting later on. During the two years since last GBM in December,2011 we had conducted tours to many stations all over the country like Mumbai, Chennai, Kolkata, Hyderabad, Chandigarh, Bhopal, Indore, Nagpur etc. in addition to other stations, to interact with and learn the feelings and views of our members in and outside Delhi. We also held a Day Long Mass Dharna all over the country on 6th June, 2012 in support of our demands and a Blood Donation Camp at Delhi on 17/08/2012 at Nirman Bhawan, New Delhi in commemoration of Silver Jubilee year of 37-Day historic Strike as JEs which were very successful. We held meeting with Shri Kamal Nath, Hon’ble UDM on 12th March, 2012 and the DG, CPWD during September, 2012 and latest on 12th September, 2013. During the last elections to the central committee of the Association during April, 2013 the unanimous team has been elected and the new team has taken over after that.

Coming to the issues related to our cadre, we have been taking up all the important issues with the authorities from time to time. Though there are more than 20 issues which have been taken up, I am discussing the main issues which are of very important nature to submit the latest position.

Grant of Rs 7600/- Grade Pay to all under MACPS: Many lists of 3rd MACP upgradation were released by the department during the last one year or so and many cases are still pending which are being pursued. We have demanded to complete the process upto date and to review all left out cases by considering 2 Very Good ACR gradings instead of 3 and it was assured that the matter will be finalized in consultation with DoPT by CPWD. Our earlier demands for individual option, modification to MACPS structure as per promotional hierarchy, Special Career Progression Scheme (SCPS), Restoration of ACPS with one time option to opt for MACPS on individual basis or without re-opening of the decided cases etc. were not acceded to by the Govt. saying that the erstwhile ACPS will not be offered as an option nor there will be any structural changes/tinkering with MACPS. But we are sure that the Govt has recognized that in CPWD, there is an issue to be addressed as far as engineers are concerned and we hope that a positive solution will emerge in near future which will be agreeable to all our members. Some time back the administration has asked us to choose either ACPS or MACPS as an cadre option and we had submitted our preference for ACPS as decided in the earlier Apex Committee decisions. But the UD Ministry has again reconsidered the issue and recommended for granting the individual option as the only way out to get out of the mess created by the DoPT. Even the Secretary(UD) has written a D.O. letter to DoPT Secretary in this regard and the proposal/recommendation is under consideration again in DoPT.

In the meanwhile the CAT(PB), Delhi has made a judgment recently directing the Govt to grant all three upgradations as per promotional hierarchy quoting the MACP guidelines issued by the Govt and based on similar judgment by Punjab & Haryana High Court against which the SLP filed by the Govt is dismissed by Supreme Court due to non-condonation of delay but not on merits. In the above judgments those courts have decided that ACPS or MACPS must be based on promotional hierarchy only as these schemes are introduced to alleviate the problem of stagnation due to insufficient promotional avenues and are to act as safety net in lue of functional promotional. Our Association has also taken a decision to pursue court cases on similar grounds to achieve the desired results. We are sure even one case gets decided on merits in Supreme Court that will become a law in such matters we hope for the best. It is also come to our notice that some quarters are provocating they will achieve Rs. 8700/- G.P. as 3rd upgradations based on the above court cases without considering the fact that as per RRs the 3rd upgradations is only upto Rs. 7600/- in the hierarchy as has been proved long back in the case of direct recruit Class-II AEs. We request all our members to only believe realistic promises and not to get carried away with such tall claims.

2. Higher Pay Scale to AEs: In the past many proposals were sent to the Ministry of Finance by the UD Ministry for granting higher pay scale to AEs i.e. Rs. 5,400/- G.P. in PB-3 as per Para 3.4.7 and Rs 4,800/- G.P. in PB-2 initially and Rs. 5,400/- G.P. in PB-3 after four years of regular service as per Para 3.1.3 of the 6th CPC report but all of them have been turned down. Recently our members are being made to believe by some people that G.P. Rs. 5400/- in PB-3 as initial pay scale to AEs will be achieved by them quoting some high court case filed by them. They are hiding the fact that their similar court case in CATPB has summarily been dismissed and we are expecting similar findings by the Delhi High Court as the 6th CPC report and all earlier pay commissions reports have categorically dismissed such claims stating that Group A scale cannot be granted to Group B as initial pay scale. We are confident that we should get highest Group-B scale and package granted to any other similarly place cadres for our AEs. We have been in touch with other Group-B gazetted organizations in other ministries and departments like Railways, Income Tax, Central Excise, Customs, Audit & Accounts services etc. and other engineering wings of the central government regarding the pay scale issue. Many of them have already been granted Rs. 4800/- GP and the general consensus was to demand Rs. 5400/- GP in PB-2 for all gazetted group-B officers and automatic placement in PB-3 in the same grade pay after 3 years of regular service in PB-2. All of them have acknowledged that demanding total parity with Class-I DR officers in terms of initial pay is futile, and a realistic demand should be placed. We could have asked for parity with AEE as per para 3.4.7 only if the RR of JE’s post is Degree in Engg instead of Diploma, which is not the case in our dept so far. So, we should seek at least parity with other similar cadres first and then try for betterment as per common policy by confederation and we will work in their directions even before 7th pay commission as and when it is announced.

Regularisation of Ad-hoc AEs, EEs and SEs: It is a fact that the regularization of ad-hoc EEs can be done only after the disposal of pending court cases in Delhi High Court. The DHC has only decided the case of diversion in our favour by upholding the same during December 2008 and left the matter of further promotions under old and new RRs pending by listing the matter in regular list. Due to many efforts and attempts by our Association to secure early hearing after the erroneous dismissal of the case WP(C) 840 & 858 of 2013 and subsequent restoration, the case is set for hearing on 08/10/2013 and we are pursuing with the authorities to get the matter disposed by appointing Senior Law Officer/ASG so that the adhocism is stopped and regular promotion are made hence forth. We hope good sense will prevail upon the administration and they will co-operate in disposal of this very important case, which may decide our seniority and batch-parity benefits like Class-I EEs. Once all ad-hoc EEs are regularized and assigned proper seniority, the adhocism in AEs will also be cleared. Even otherwise we are pursuing with the department for immediate regularization of ad-hoc AEs as per rules since 2006 onwards as per their quota, so that all adhoc AEs including cadre review promotion are regularized in a time bond manner.

4. Affect of recent CAT judgment in the matter of seniority lists of AEs : We are aware of the recent orders issued by CATPB New Delhi on 06/09/2013 after a long delay of more than an year since it is deserved. Unfortunately instead of settling/solving the problem the judgment has created more problems. We have gone through the judgment in detail without any bias towards any section of members but we find the judgment if implemented will unsettle the whole apple cart by overturning the DoPT guidelines and we will be left with no final seniority list to be operated for many years to make promotions from AE to EE cadre. Already we are crippled by the acute shortage of EEs upto 30% and non promotion for next 2 or 3 years will further degrade the performance of the department besides demoralizing our cadres to large extent. Before allowing the issue to reach a level of despair we must act with alacrity and ensure settlement of this dispute for all times to come but strictly in accordance with the recruitment rules and the settled case law applicable to our department. However we accept appeal against this order from many affected quarters and it will take some time to get finality at higher courts on this vaxed issue. However we will make continued efforts to get some adhoc promotion done to overcome with the acute shortage of EEs and also to save the vacant post from getting lapse due to non-filling. We request all our members who have divergent views to come together and discuss to reach to amicable settlement with in the ambitough rules in this regards.

5. Inter Regional Transfer Policy of AEs: Even though this policy is in operation for last 3 years no uniformity in application of the guidelines is seen. The DoPT guidelines for posting of husband and wife at the same station are not followed as per the letter and spirit. The officers returning from ITR are not being granted choice station of posting as per the guidelines even though the order are not issued in time as per the policy upto 30th April of the year and IRT orders are being issued throughout the year causing disruptions to their family life. We demanded strict adherence to the guidelines and also suggested some changes to the policy by making 2 years common tenure for hard and non-hard areas for IRT etc. and we are pursuing with the directorate in this regard.

6. Abolition of Departmental Accounts Exam and replacing the same with induction training: Many of our members are facing difficulties and get in clearing in accounts exam which are otherwise not held regularly and also to get assumption as per rules consequent to their inability to clear the same in time. We have taken up with the directorate to replace of departmental accounts exam with induction training for AEs & EEs as is being done in the case of SEs and above and we were promised to do so. But practically no improvement is seen and members continued to suffer we would take up this matter to its logical conclusion in the near future.

7. Consideration of diploma + 10 years experience as equivalent to degree:As per government orders any diploma holder in engineering with 10 years of professional experience is to be treated as equivalent to degree engineering for all purposes like promotion to gazette post etc. This order issued in the year 1997 is being followed in many Departments and Ministries are practice in this system and granting promotions on that basis. We have demanded the administration to follow senior system in our department and make promotions to all diploma AEs as EEs and the department has assured to take up the matter after receiving conformation from the Ministry of HRD in this regard.

Coming to the other important issues relating to our cadre, the latest position is as under:

a) The problem created by many PAOs in granting Rs. 7500/- to all eligible AEs granted the same based on court orders is solved recently by the UD Ministry who have issued detailed directions to CCA who intern asked all the PAOs to release pending arrears to all affected members.

b) The draft modified transfer and posting guidelines after taking the views and suggestions of all stake holders, for EEs and SEs which provides for interchange between planning and field units among many other proposals like group change of IT Val, QA posts etc. as sensitive planning instead of field posts etc. are pending in the ministry and we are pursuing their early notification. It was learnt that the guidelines are being circulated by the directorate incase of EEs shortly.

c) The re-designation of the post of AE as Deputy EE is again being taken up after a brief lull due to many other pressing issues and it will be taken its logical conclusion.

d) Due to our efforts the changes in manual provision to remove the condition of in principal approval for making any deviation in the works / contracts and some other illogical stipulation have been dispensed with partially. We are pursuing for further simplification of manual procedures who are often leading to many vigilance cases so that the field staff can act with a free hand but with added responsibility of accountability for their decision simply put the manual should be divide on the system of trust and note mistrust by reducing extreme checks and balances so that we can complete with other organization in execution of works.

e) The issue of abnormal delay in the entry of higher qualification in the seniority list as well as grant of one time incentive has been taken up with the directorate and we are living no stone unturned to get the procedure simplified uniformly applicable in all cases.

In the end, I would like to place my appreciation on record to all the office bearers, our executive committee members, all the regions/ zones/branches/units and all active members who extended their wholehearted support in all our activities, but for whom it would not have been possible to achieve anything. At the same time we must acknowledge the hard fact that of late our cadres are divided in many groups either due to ACP/MACP issue or due to seniority dispute and perhaps also due to illogical aspirations to some extent to overtake others in carrier prospects etc. We must strive to stem this rot immediately or else our cadres are gaining capacity achieved due to decades of struggle will be diminished and we will again become victims of high handedness of the authorities due to lack of unity. I also convey my sincere thanks to all members who have come forward to bolster our finances to fight innumerable court cases through advertisements in the New Year Diary-2013. I wish similar camaraderie will continue in future and take the Association from strength to strength in the years to come in achieving all our just and genuine demands and redressal of our grievances.

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